Forced Marriages in the Islamic States - Coursework Example

Forced marriages in Islamic s Affiliation Forced marriages in Islamic s In Islamic s, marriage is a matrimony contract involving two parties where the bride has to consent to the marriage. Forced marriage, on the other hand, involves the lack of full and free consent on the part of one party to the arranged marriage. According to Hannana Siddiqui1 “Forced marriage is a means of controlling female sexuality and women’s autonomy. It involves coercion, mental abuse and emotional blackmail, and intense social pressure, in most extreme cases; it may also involve physical violence, abduction, false imprisonment, rape or sexual abuse and murder.” In the United Kingdom, forced marriages have been indicated as violence against men and women because it can happen to either party, as well as, a form of domestic abuse. Forced marriage has also been said to be a serious abuse of the fundamental human rights. Historically, forced marriages were conducted in form of capture. These practices were common in pre-Islamic Arabia where it was referred to as Ba’al. This form of marriage took place during the times of war where men that belonged in other tribes and were eventually placed on slave market of Mecca took a woman into captive. When the women were abducted and taken to the slave market, they were sold into the slave market or into marriage. When women were married in these forced marriages, their husbands took control over their lives. In the sense that, they had no freedom and the women were subjected and forced into following their husband’s demands and bearing children. This meant that the women became their husband’s property and they did not have any right to divorce or dismiss their husbands. Consequently, they completely lost the freedom they had before marriage. According to the Muslim Women’s League, the husbands to the women married under the forced marriages had the absolute authority over their wives, including the exclusive right to divorce. Additionally, in forced marriages the husbands of the referred to as their wife’s owner or lord and they had complete rights to their wives actions and rights. Causes of Forced marriages Many reasons can lead to a culture that allows and encourages forced marriages2. These reasons may include, controlling unwanted behavior, strengthening extended family links, preventing sexually unsuitable relationships, protecting cultural and religious practices and keeping the wealth in certain extended family that also may include reducing poverty levels in a family. Most people who force individuals to marry mostly justify their behavior as protecting cultural traditions. Most perpetrators deem it as family honor and assisting claims for residence or citizenship. Kinnvall states in his book3 that forced marriages in Pakistan are highly prevalent especially in the Sindh province especially for young children. This is deeply rooted to gender inequalities and traditional practices. Mackey 4states that in Pakistan there are close relationship of female chastity and honor that makes family members to marry girls at early ages to protect their family reputation. Most girls are conceptualized as another person property and this makes most property not to invest in their girl’s education and end up marrying them off5. Poverty according to Kieselbach 6is one of the main drivers of forced marriages especially in Pakistan. Most girls who are forced into such marriages come from poor families and them being married off allows their parents to reduce their expenses in terms of feeding and educating them. Where there is dowry during marriages, it is always a welcome income to poor families. There are factors that contribute to forced marriages in the social, cultural, economic, political, and legal arenas. Forced marriages are traditionally treated with hesitation by most Islamic governments because of fear of offending cultural traditions and sensitivities. Most factors are a result of cultural factors. Pressure is considered as one of the factors that contribute to forced marriages. Pressure is always placed on young women that range from emotional pressure or threats of violence and harassment or abduction if they refuse such advances. Most parents’ do not realize that forcing someone in such marriages in unacceptable and this cultural trend has prevented authorities in the past from involving themselves7. It is even worse when certain families do not realize that they are exerting pressure since it seen as part of their cultural process. Sharia law on forced marriages Women have been held as the most vulnerable person’s in the society because of the violation of their human rights. This is the reason the new millennium goals were set in relation to safeguarding the human rights all over the world. Additionally, women rights have gained a lot of importance internationally where many organization are working towards ensuring that women are accorded equal status in the society. However, this goal has not managed to be achieved in some countries because of cultural and social norms, especially when it comes to issues that relate to violence against women. For example, many Muslim families have found many difficulties from deviating from their cultures that allow women to be forced into marriages. These norms have caused a hurdle when it comes to providing women’s basic rights that are provided for under international laws. Islam views marriage as a right of one individual and no one can make the decision for them. When women or men are forced in marriages then such marriages are not valid and can be cancelled. Muslim cultures ensure that sons and daughters must recognize rights of their parents and agree on a solution before any marriages takes place8. If this process is not followed then perpetrators of forced marriage are guilty and therefore deemed to have committed a sin. It has been established that most families are the opinion that girls should not consent to any marriage contract and they should accept whatever husband their parents have chosen for them. However, sharia law requires that before a marriage contract can be entered into the following prerequisites must be fulfilled. They include offer and acceptance, there should be two contracting parties, two witness and the presence of a guardian to make the marriage valid and in some cases dower. Therefore, the Muslim jurist agree that offer and acceptance should be present and no girl should be forced into a marriage that they do not want to be associated with in the first instance. In his book, Black 9stated that forced marriage is not allowed in Islam it requires that both parties to the marriages must consent to the marriage where consent of the woman is essential and if not obtained the marriage is considered batil or void. Some countries like Algeria, Morocco, Syria, Pakistan, and Bangladesh have laws that prohibit such marriages Penti 10describes marriage in regards to Fiqh whish is an Islamic right is a reciprocal action where all actors must have an honest intention .If one of the parties is not willing to marry and wants to break out of the marriage ties and the wedding continues then it has declared a void marriage. Fundamental principles in Islam are that there are basic principles of freedom of choice. Islam supports free will and consent and negates coercion in human life. These views are emphasized in verses of the Prophetic traditions and Holy Qu’ran. The Quran states that “There is no compulsion in religion, the right path and wrong path, both have been clearly explained and explicitly differentiated from each other.” (2:256) According to a report11 released on the Heritage of Muslims it explained that the commandments given by the Holy Prophet (PBUH) in Hadith lay the foundation of principles in marriage formulation contracts. Sahih Al-Bukhari a chapter of its book has the heading that no parent or close relations allowed to force their children to marry anyone against their free will. Forced marriages are completely prohibited in Islam and their commandments are specific on such issues. People who invoke Islam to justify their wrong actions have other ulterior motives. People must be educated on such issues since most situations these forced marriages are done for monetary gain, caste affiliations and to maintain local traditions. Therefore, it is correct to state that forced marriages are rooted from a traditionalist ad cultural point of view and they are not accepted under sharia law. International Human Rights on Forced Marriages Various instruments have been enacted in the effort of protecting the women and the girl child that are forced into marriages that they have not consented. The international awareness and organizations like UK Forced Marriage Unit recognize such plight in the human rights issue, ensure their rescue, and give supportive services even outside borders of UK. United Nations views such marriages as a human rights violation because it violates certain rights guaranteed under international human rights law. Such rights that forced marriages violate include the right to autonomy and freedom of individuals. The Universal Declaration of Human Rights stipulates that a woman has the right to chose a spouse freely and enter into marriage according to her will. This guarantees her equality rights and right to dignity. The Supplementary Convention on the Abolition of Slavery also does not allow marriage without the will of the woman s right. Article 16 of the Article provides that there is a right to marriage and family. Article 16(2) indicates that marriage’ shall only be entered into with the free and full consent of the intending spouses.’ This means that The Universal Declaration of Human Rights rules out forced marriages. The Convention on Elimination of All Forms of Discrimination against Women is one of the international instruments that were enacted in the effort of increasing awareness on the rights of women and prevention of violation of women rights. Forced marriages is one of those violations that CEDAW has actively addressed in relation to the violation of the women rights to consent to marriages. Article 16 of the Act provided for various instances in relation to entering into marriage. The Convention further provided the minimum age that is 18 years where under Article 16.2 it prohibits the betrothal and marriage of a person who has been identified as a child. Therefore, the violation of the international laws on marriage shall lead to the infringement of rights that individuals have in relation to the freedom from coercion in entering into marriage. The International Convention on Civil and Political Rights under Article 23(3) Provides that’ No marriage shall be entered into without the free and full consent of the intending spouses.’ Free and Fair consent has been provided as an obligatory condition in marriage making it consistent with the international human rights. Additionally, The International Covenant on Economic, Social and Cultural Rights under Article 10(1) Provides that even though the state parties should protect and assist the family the established of families or marriages entered should be with the free and full consent of the intending parties. Under the Convention on Consent to Marriage, Minimum Age of Marriage and Registration of Marriages which came into force in 1994, it is provided that state parties to the convention should take the required measures to ensure that customs, ancient laws and other practices that violate the freedom of parties to choose their spouses is abolished. Under Article 1 it is provided that in order for a marriage to be valid it should be in conformity with international bill of rights. In his article, Cole 12stated that sometimes the forced marriage is overlooked as a human rights issue even though it is prohibited by international conventions. Most international laws have difficulty with such enforcement due to protection of traditional customary laws. The Special Court for Sierra Leone’s (SCSL) in the Appeals Chamber established that the abduction of women for forced marriage during war is a crime against humanity. The trial in Charles Taylor decision established that forced marriage should be replaced to mean conjugal slavery. In the year 2013, the United Nations Human Rights Council resolution established that early forced marriage violates human rights that prevent individuals from living freely from violence and promotes consequences on enjoyment of universal human rights like right to education and attaining highest standard of health in reproductive health. In some areas in Islamic Countries speaking against violence against women or forced marriages makes someone as Islam phobic .For example in 2009 President Karzarl who wanted to pass a law against such marriages was accused by traditional Mps of acting against Islamic Sharia law. Kim13 states in his book that Afghanistan leaders stated that it weaken Islamic Sheria law. However, the president is always under pressure from women activists for constantly changing his position about women rights. Most stories and activists of Muslim women are treated like entertainment fodder and sometimes it does not get the support they diverge. Most Muslim communities perceive14 the attempt to engage in issues of forced marriage as a racial assault that demeans their traditions and heritage. Azerbaijan is the only Muslim country in the Eastern neighborhood that has positive initiatives for rights of women and for gender equality. Leng demonstrates in his book15 that one of the initiatives includes fight against forced marriages and by having legal changes with active involvement of State Institutions and religious figures. In Bangladesh, the Domestic Violence (Protection and Prevention) Act of 2010 was passed to prosecute abusers of human rights to women, provide services, and support for him victims. In Pakistan,16 domestic violence is not expressly prohibited and it may stem from forced marriages. In this country, there is need for new laws that protect women against forced marriages and violence. Police in Pakistan sometimes refuse to register cases unless there is physical evidence of abuse and sometimes judges seem sympathize with the husbands. Some Islamic states take this human rights discourse with a lot of care since some members in their regions view it as an attempting to westernize their cultures. They feel that their deep-rooted cultures and traditions are being eroded by giving women more power in choosing their spouses and thus disrespecting their parent’s decisions. Markaz confirmed this17 in his book. In a journal written by Lao 18there are legislations that guard victims against such perpetrators and women are advised to report such cases without fear of discrimination. Most states in Islam feel that forced marriages should be fully abolished and this is a step in the right direction19. The Islam religion does promote freedom of will, however it also stipulates that sons and daughter should respect their parents and if they feel that their decisions about life partners does not suit them they have the right to refuse but if forced such marriage are declared void. The Islam religion allows for such parties who are placed in forced marriages to move to court to have the marriages declared void. Conclusion Forced marriage is a human rights violation and destroys women’s lives. Its main cause is gender inequality, poverty, negative traditional and religious practices. Failure to enforce laws affects and allows forced marriages to thrive especially during conflicts, emergencies, and disasters. Forced marriages in Islamic countries contribute to poor education and illiteracy and increased mortality rates due to poor sexual health and high risk of abuse. According to Hayes 20CEDAW, all marriages before the age of 18 where parties have not fully matured and lack capacity to act are declared void. References Top of Form Top of Form Top of Form Top of Form Top of Form Top of Form Bottom of Form Bottom of Form Bottom of Form Bottom of Form Bottom of Form Bottom of Form Black, E. A., Esmaeili, H., & Hosen, N. (2013). Modern perspectives on Islamic law. Castañeda, D. (2013). The essential handbook of womens sexuality. Santa Barbara, Calif: Praeger. Cole, T. B., & Flanagin, A. 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